During consideration of the National Defense Authorization bill (H.R. 1735), Senator John McCain (R-Ariz.)introduced an amendment to ensure that the entire U.S. government complies with interrogation techniques permitted by Army Field Manual 2-22.3. Specifically,any individual in the custody of any U.S. government agent or detained at any U.S. government facility shall not be subjected to any interrogation technique, such as waterboarding,not authorized by Army Field Manual 2-22.3, entitled “Human Intelligence Collector Operations.” The amendment would also require that the Red Cross be allowed access to any detained individual. McCain’s amendment would require the U.S. secretary of defense to review Army Field Manual 2-22.3 every three years and revise it, if necessary, to ensure compliance with legal obligations of the United States, such as those contained within the Geneva Convention.
The Senate adopted McCain’s amendment on June 16, 2015 by a vote of 78 to 21 (Roll Call 209). We have assigned pluses to the yeas because any form of torture is a violation of a person’s God-given rights, regardless of whether or not the person is a U.S. citizen. In fact, the Eighth Amendment to the U.S. Constitution prohibits “cruel and unusual punishment.” The U.S. government is not above the rule of law, and any government agency or agent must be held accountable to a standard that respects human rights and dignity.
